Opinion

Woodson v. VA Parole Board

Court
Court of Appeals for the Fourth Circuit
Filed
Feb 1, 1996
Status
Unpublished
Cited by
0 cases
Authority
More cited than 27.8%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7294

MICHAEL WOODSON, a/k/a George T. Baskerville,

Plaintiff - Appellant,

versus

VIRGINIA PAROLE BOARD; VIRGINIA DEPARTMENT OF

CORRECTIONS; VIRGINIA DEPARTMENT OF PAROLE AND

PROBATION,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Henry C. Morgan, Jr., District

Judge. (CA-95-505-2)

Submitted: January 18, 1996 Decided: February 1, 1996

Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Woodson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals the dismissal without prejudice of his 42

U.S.C. § 1983 complaint for failure to respond to a court order. We

dismiss the appeal for lack of jurisdiction because the order is

not appealable. This court may exercise jurisdiction only over

final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory

and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P.

54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541

(1949). Because Appellant may be able to save this action by filing

an amended complaint in compliance with the district court's order,

the dismissal is neither a final order nor an appealable interlocu-

tory or collateral order. Domino Sugar Corp. v. Sugar Workers Local

392, 10 F.3d 1064 (4th Cir. 1993). Accordingly, we dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

DISMISSED

2

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